Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 39 & 44---Entries in Periodical Records---Columns---Proof of ownership---Presumption of correctness is attached only to Column No.3 of ownership and Column No. 4 of possession---Entries in Column No.9 of Periodical Records pertaining to Lagan are not to take precedence over any of the other two columns unless and until its entries are independently proved by the person who claims benefit of the same. Shad Muhammad v. Khan Poor PLD 1986 SC 91 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Punjab Tenancy Act (XVI of 1887), Ss.38 & 114---West Pakistan Land Revenue Act (XVII of 1967), Ss.39 & 44---Title on the basis of adverse possession---Termination of occupancy tenancy---Entries in Record of Rights---Petitioner claimed his ownership over the suit-land on the basis of adverse possession as he was continuously being recorded as a non-occupancy tenant in columns of possession and he had not been paying any rent to the respondents---Validity---Such entry in the Record of Rights would not make possession of the petitioner adverse to the respondents---Title stood vested in the respondents by operation of S.114 of Punjab Tenancy Act, 1887---Respondents were occupancy tenants in the disputed land---Even if recorded owners of the land would have taken over the possession, the occupancy tenancy would not extinguish unless and until abandonment was proved in terms of S.38 of Punjab Tenancy Act, 1887---High Court declined to interfere with the s and decrees of the Courts below. Syed Abdul Aziz Shah for Petitioner. M. Amir Butt for Respondents. Date of hearing: 7th May, 2003. JUDGMENT On 17-12-1984 the petitioner filed a suit against the respondents. In the plaint it was stated that suit-land measuring 4 Kanals, 18 Marlas comprising Khasra No. 1180, described in the plaint, is in possession of the petitioner which he got from his father by way of inheritance and his right having matured as that of ownership by adverse possession. He complained that the respondents have got the entries in the Revenue Record changed and he has been recorded as non-occupancy tenant of the respondents liable to pay…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492